1. Notices of Development of Proposed Rules and Negotiated Rulemaking
- Department of Management Services
- Department of Financial Services
- Division of Insurance Agent and Agency Services
- On August 1, 2015, in compliance with the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Consumer Financial Protection Bureau (CFPB) will implement a new rule that integrates mortgage disclosures required by the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act of 1974 (RESPA). The new “TILA-RESPA” rule includes a new “Closing Disclosure” form that replaces the currently used HUD-1 Settlement Statement. Like the currently used HUD-1, the new Closing Disclosure form, with few exceptions, is required for use in consumer mortgage transactions. National industry groups and state regulators have expressed concern that the new Settlement Disclosure form provides inadequate and potentially misleading information regarding the cost of title insurance.
A noteworthy feature of the TILA-RESPA rule is the degree to which it alters the customary dynamic between lenders and settlement agents during the mortgage closing process. By custom, lender-creditors have typically relied on settlement /title agents to provide and assume responsibility for completing the HUD-1 Settlement Statement used at real estate closings. However, the new TILA-RESPA rule provides that the lender-creditor is wholly responsible for both the accuracy and the delivery of the Closing Disclosure form. To minimize their risk of non-compliance with provisions of the new TILA-RESPA rule, the lender-creditor community is bringing the preparation of the Closing Disclosure forms “in-house” and providing for their delivery to consumers. One consequence of the new TILA-RESPA rule's shifting of liability for the accuracy of the Closing Disclosure form to the lender-creditor is the unintended consequence of relieving the settlement agent from closing process liability, even though the settlement agent continues to handle the disbursement of escrow funds. In the absence of the proposed rulemaking, Florida regulators will be limited in their ability to prosecute settlement agents who mishandle or misappropriate escrow funds following implementation of the new TILA-RESPA rule. The proposed rule addresses this problem by reestablishing provisions holding settlement agents responsible and
accountable for their actions during the course of the closing process to assure that Florida consumers will retain protections currently afforded them under Florida law, following implementation of the new TILA-RESPA rule.
The proposed rule establishes the following:
(1) Provides consumers with an explanation regarding the true cost for the title insurance policy they are purchasing as well as showing the exact amount of premium paid, as apportioned between parties.
(2) Authorizes the title insurance agency to hold and disburse the funds being held in the agency’s escrow account to fund the transaction.
(3) Require the settlement agent to certify that the escrowed funds are being disbursed consistent with the disclosure provided to all the parties and as the lender has instructed the funds to be paid.
(4) Incorporates by reference new Form DFS-H1-2146 (Florida Insurance Premium Disclosure & Settlement Agent Certification Form, Effective 08/2015).
- Department of Health
- Board of Clinical Laboratory Personnel
2. Proposed Rules
- Department of Financial Services
- Finance
- This rule is proposed as a new rule to re-adopt certain current forms (Form OFR-COM-101, Exhibit A to Form OFR-COM-101, and Form OFR-CCA-101) and to adopt certain new forms (Form OFR-559-101, and Form OFR-559-102) that replace existing forms. The effect of adoption of these forms will facilitate the application to the Office for registration by commercial collection agencies and consumer collection agencies, as well as the filing of complaints by consumers under the Florida Consumer Collection Practices Act, Chapter 560, Part VI, Florida Statutes.
- Due of Comment: 4/24/2015
- The purpose of this rule amendment is amend an obsolete rulemaking authority reference in the current rule, to update a form date reference, to remove an obsolete form title reference, and to correct the reference to the Office’s zip code in the current rule. The effect of this amendment is to conform the form references in this rule to the form references in proposed new Rule 69V-180.002, F.A.C., to provide the correct zip code for the Office of Financial Regulation, and to provide the current Rulemaking Authority for this rule.
- Due of Comment: 4/24/2015
- This rule is proposed to be amended to remove an obsolete rulemaking authority reference in the current rule, to update a form date reference, to correct the reference to the Office’s zip code in the current rule, to include a cross-reference to amended subsection 69V-180.010(1), F.A.C., and to delete a requirement in the current rule that the registration fee be paid in certified funds.
- Due of Comment: 4/24/2015
- The purpose of this proposed amendment is to amend an obsolete rulemaking authority reference in the current rule, to update a form number and date reference, to correct the reference to the Office’s zip code, to delete a requirement that the registration fee be paid in certified funds, and to add a provision regarding the fingerprints of applicants to conform to statutory changes. The effect of this amendment is to provide the correct rulemaking authority reference in the current rule, to update a form number and date reference to conform to proposed new 69V-180-002, F.A.C., to provide the correct zip code for the Office of Financial Regulation, to delete a requirement that the registration fee be paid in certified funds, and to add a provision regarding the fingerprints of applicants to conform to statutory changes.
- Due of Comment: 4/24/2015
- The purpose and effect of the proposed new rule is to specify that the required electronic filing of the registration form adopted under subparagraph 69V-180.002(1)(b)1., F.A.C., and payment of fees under rule 69V-180.30, F.A.C., are to be submitted through the REAL System.
- Due of Comment: 4/24/2015
- The purpose of the proposed new rule is to implement statutory requirements under sections 559.554 and 559.730, Florida Statutes. The effect of the proposed new rule is to specify the procedures to be followed and the documents to be provided to the Office by an applicant for Consumer Collection Agency Registration in disclosing any pending criminal charges and all criminal matters in which a control person of the applicant has pled guilty or nolo contendere, or was convicted or found guilty. The proposed new rule also specifies the classification of crimes by the Office, the specification of time periods for which an applicant is disqualified from registration with the Office based upon the classification of crimes, the effect of multiple crimes on the disqualifying period, and the aggravating and mitigating factors to be considered by the Office in determining the period of disqualification from registration.
- Due of Comment: 4/24/2015
- The purpose of the amended rule is to amend an obsolete rulemaking authority reference in the current rule, and to update a form title, form number, and date reference in the current rule. The effect of the amended rule is to amend an obsolete rulemaking authority reference in the current rule, and to update a form title, form number, and date reference in the current rule.
- Due of Comment: 4/24/2015
- The purpose and effect of the proposed new rule is to specify the renewal requirements for registrations that expire on December 31, 2014, specifically, the non-refundable renewal fee to be submitted by a registrant, the procedures to be followed by registrants in submitting fingerprints for each control person prior to the registration renewal, to establish a deadline for registrants to respond to the Office with additional information, and to provide that a registration will automatically expire if the registrant does not respond to the Office by the deadline. The proposed new rule also specifies the renewal requirements for registrations expiring on December 31, 2015, and thereafter, specifically, the non-refundable renewal fee to be submitted by a registrant, and the non-refundable fee to be submitted by a registrant to cover the costs in retaining the fingerprints of each control person. The proposed new rule states that failure to remit the fees required by the expiration date for registrations expiring on December 31, 2015, and thereafter will automatically result in expiration of the registration.
- Due of Comment: 4/24/2015
- The purpose and effect of the amended rule are to change the title of the rule; to amend an obsolete rulemaking authority reference; to update a statutory reference in the rule; to both adopt and incorporate by reference into the rule, the “Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Consumer Collection Agencies” document; to specify how a copy of the “Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Consumer Collection Agencies” document may be obtained from the Office; to amend language in the current rule regarding references to guidelines, violations, and citations numbers; to delete requirements from the current rule; and to clarify the use of the term “citation” in the proposed rule. The proposed rule also clarifies what actions the Office may take against a registrant based upon the “Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Consumer Collection Agencies,” and specifies the mitigating and aggravating factors the Office shall consider in determining the appropriate penalty. The proposed rule further clarifies the current ranges for administrative fines to be imposed by the Office as a penalty, and specifies the ranges for suspensions to be imposed by the Office as a penalty.
- Due of Comment: 4/24/2015
- Department of Management Services
- Division of Retirement - Local Retirement
- Department of Education
- Florida School for the Deaf and the Blind
3. Notices of Changes, Corrections and Withdrawals
- Agency for Health Care Administration
4. Petitions and Dispositions Regarding Rule Variance or Waiver
- Department of Business and Professional Regulation
- Division of Hotels and Restaurants
- Department of Health
- Board of Clinical Laboratory Personnel
- Board of Massage Therapy
- of the issuance of an Order regarding the Petition for Variance or Waiver, filed on January 13, 2015, by Gayle Lynn Harris. The Notice of Petition for Variance or Waiver was published in Vol. 41, No. 12, of the January 20, 2015 Florida Administrative Register. The Petitioner sought a variance or waiver of Rule 64B7-32.002, Florida Administrative Code, regarding the requirements for proof of graduation. The Board considered the instant Petition at a duly-noticed public meeting held on March 11, 2015, by telephone conference call.
The Board’s Order, filed on March 26, 2015, denies the petition for a variance or waiver of Rule 64B7-32.002, Florida Administrative Code, stating that the Petitioner has not demonstrated that application of the rule would create a substantial hardship or violate principles of fairness.
5. Notices of Meetings, Workshops and Public Hearings
- Regional Planning Councils
- Tampa Bay Regional Planning Council
- Other Agencies and Organizations
- Florida Medical Malpractice Joint Underwriting Association
- The Grant Committee of the Florida Medical Malpractice Joint Underwriting Association will receive and consider presentations by applicants for the Grants for Partnerships in Improving the Safety of Health Care Services ((RFA #2014-01).; Tuesday, April 21, 2015, 9:00 a.m.; Hotel Duval, 415 North Monroe Street, Tallahassee, FL 32301
- Hotel Duval, 415 North Monroe Street, Tallahassee, FL 32301
- The Audit Committee of the Florida Medical Malpractice Joint Underwriting Association will receive and consider business properly brought before the Committee.; Tuesday, April 21, 2015, 1:00 p.m.; Hotel Duval, 415 North Monroe Street, Tallahassee, FL 32301
- Hotel Duval, 415 North Monroe Street, Tallahassee, FL 32301
- The Claims & Underwriting Committee of the Florida Medical Malpractice Joint Underwriting Association will receive and consider reports from the Association's General Manager, Servicing Carrier, and such other business properly brought before the Committee.
; Tuesday, April 21, 2015, immediately following the Audit Committee Meeting; Hotel Duval, 415 North Monroe Street, Tallahassee, FL 32301
- Hotel Duval, 415 North Monroe Street, Tallahassee, FL 32301
- The Grant Committee of the Florida Medical Malpractice Joint Underwriting Association will receive and consider business properly brought before the Committee.; Tuesday, April 21, 2015, immediately following the Claims and Underwriting Committee Meeting; Hotel Duval, 415 North Monroe Street, Tallahassee, FL 32301
- Hotel Duval, 415 North Monroe Street, Tallahassee, FL 32301
- The Compensation Committee of the Florida Medical Malpractice Joint Underwriting Association will
receive and consider business properly brought before the Committee.
; Tuesday, April 21, 2015, immediately following the Grant Committee Meeting
; Hotel Duval, 415 North Monroe Street, Tallahassee, FL 32301
- Hotel Duval, 415 North Monroe Street, Tallahassee, FL 32301
- The Board of Governors of the Florida Medical Malpractice Joint Underwriting Association will receive and consider quarterly reports from the Association's Investment Counsel, General Counsel, Servicing Carrier, Audit Committee, Claims Committee, Grant Committee, Compensation Committee, General Manager, and such other business properly brought before the Board.; Wednesday, April 22, 2015, 9:00 a.m.; Hotel Duval, 415 North Monroe Street, Tallahassee, FL 32301
- Hotel Duval, 415 North Monroe Street, Tallahassee, FL 32301
- Metropolitan Planning Organizations
- Orlando Urban Area
- Regularly scheduled CFMPOA meeting.; Friday, April 10, 2015, 10:00 a.m.; MetroPlan Orlando, David L. Grovdahl Board Room, 315 E. Robinson St., Suite 355, Orlando, FL 32801
- MetroPlan Orlando, David L. Grovdahl Board Room, 315 E. Robinson St., Suite 355, Orlando, FL 32801
- Other Agencies and Organizations
- Regional Utility Authorities
- Withlacoochee Regional Water Supply Authority
- The WRWSA regular Board Meeting scheduled for Wednesday, April 15, 2015, has been cancelled. The next regularly scheduled meeting will be held on Wednesday, May 20, 2015 at 3:30 p.m. at the Lecanto Government Center, Room 166, 3600 W. Sovereign Path, Lecanto, Florida.; CANCELLATION of a Board meeting scheduled for April 15, 2015.; 3600 W. Sovereign Path, Room 166, Lecanto, FL
- 3600 W. Sovereign Path, Room 166, Lecanto, FL
- Regional Planning Councils
- Withlacoochee Regional Planning Council
- The WRPC Board of Directors will meet to conduct the regular business of the Council.; WRPC Board of Directors, Thursday, April 16, 2015, 7:00 p.m.; Withlacoochee Regional Planning Council, 1241 S. W. 10th Street, Ocala, FL 34471-0323
- Withlacoochee Regional Planning Council, 1241 S. W. 10th Street, Ocala, FL 34471-0323
- Chairman report, Committee updates, and other organizational matters regarding the committees.; Training Subcommittee, Wednesday, April 15, 2015, 9:30 a.m.
Local Emergency Planning Committee, Wednesday, April 15, 2015, 10:30 a.m.; Withlacoochee Regional Planning Council, 1241 SW 10th Street, Ocala, FL 34471-0323
- Withlacoochee Regional Planning Council, 1241 SW 10th Street, Ocala, FL 34471-0323
- Department of Transportation
- Department of Children and Families
- Family Safety and Preservation Program
- Department of Business and Professional Regulation
- Board of Pilot Commissioners
- Other Agencies and Organizations
- Florida Sports Foundation
- Public Service Commission
- Departmental
- Docket Nos. 110013-TP and 140029-TP – Request for submission of proposals for relay service, beginning in June 2012, for the deaf, hard of hearing, deaf/blind, or speech impaired, and other implementation matters in compliance with the Florida Telecommunications Access System Act of 1991, and Request for submission of proposals for relay service, beginning in June 2015, for the deaf, hard of hearing, deaf/blind, or speech impaired, and other implementation matters in compliance with the Florida Telecommunications Access System Act of 1991.
This is a meeting of the Telecommunications Access System Act Advisory Committee established pursuant to §427.705, F.S. The meeting is to discuss current relevant issues related to relay such as Federal and State Regulatory updates, FTRI 2015-2016 Proposed Budget, and other Telecommunications Relay Service updates. One or more of the Commissioners of the Florida Public Service Commission may attend and participate in this meeting.
; Friday, April 17, 2015, at 1:30 p.m.; Commission Hearing Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida 32399-0850.
- Commission Hearing Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida 32399-0850.
- Other Agencies and Organizations
- Stanley Consultants, Inc.
- The Florida Department of Transportation (FDOT), District Six, will hold a Elected Officials/Agency Kick-Off meeting regarding the Project Development and Environment (PD&E) Study for State Road (SR) 90/SW 8th Street from SW 92nd Avenue to SW 82nd Avenue in Miami-Dade County. The project identification number is: 433627-1-22-01, Efficient Transportation Decision Making (ETDM) # 9892.; Thursday, April 16, 2015 from 2:00 p.m. to 4:00 p.m; Florida Department of Transportation (FDOT) District Six Auditorium, located at 1000 NW 111th Avenue, Miami, Florida 33172.
- Florida Department of Transportation (FDOT) District Six Auditorium, located at 1000 NW 111th Avenue, Miami, Florida 33172.
- Florida League of Cities
- Florida Municipal Loan Council general meeting conducted through the use of communications media technology, as authorized by Section 163.01(18), Florida Statutes. Persons interested in attending may do so in person at the Florida League of Cities, 301 South Bronough Street, Suite 300, Tallahassee, FL 32301, where a communications media technology facility will be located.; Tuesday, May 5, 2015, 10:00 a.m.; Florida League of Cities, 301 South Bronough Street, Suite 300, Tallahassee, FL 32301
- Florida League of Cities, 301 South Bronough Street, Suite 300, Tallahassee, FL 32301
- Stanley Consultants, Inc.
- The Florida Department of Transportation (FDOT), District Six, will hold a Public Kick-Off meeting regarding the Project Development and Environment (PD&E) Study for State Road (SR) 90/SW 8th Street from SW 92nd Avenue to SW 82nd Avenue in Miami-Dade County. The project identification number is: 433627-1-22-01, Efficient Transportation Decision Making (ETDM) # 9892.; Thursday, April 16, 2015 from 6:00 p.m. to 8:00 p.m; Florida Department of Transportation (FDOT) District Six Auditorium, located at 1000 NW 111th Avenue, Miami, Florida 33172.
- Florida Department of Transportation (FDOT) District Six Auditorium, located at 1000 NW 111th Avenue, Miami, Florida 33172.
- Department of Business and Professional Regulation
- Board of Pilot Commissioners
- Regional Planning Councils
- East Central Florida Regional Planning Council
- Material related to EPCRA Community right-to-know.; Friday, April 24, 2015, 10:00 a.m.; East Central Florida Regional Planning Council, 309 Cranes Roost Blvd., Suite 2000, Mayor John H. Land Board Room, Altamonte Springs, FL 32701
- East Central Florida Regional Planning Council, 309 Cranes Roost Blvd., Suite 2000, Mayor John H. Land Board Room, Altamonte Springs, FL 32701
- Other Agencies and Organizations
- Florida is for Veterans Inc.
6. Notices of Petitions and Dispositions Regarding Declaratory Stat
- Department of Business and Professional Regulation
- Department of Health
- Board of Massage Therapy
- Janet J. Hardy; The Notice of Petition for Declaratory Statement was published in Vol. 40, No. 188, of the September 26, 2014 Florida Administrative Register. The Petitioner inquired as to whether the practice of myofacial release on the muscles of the pelvic floor is within the scope of practice of massage therapy as defined in Section 480.033, Florida Statutes. The Board considered the instant Petition at a duly-noticed public meeting held on March 11, 2015, by telephone conference call.
The Board’s Order, filed on March 25, 2015, issues a declaratory statement that under the specific facts of the petition, myofascial release applied to the muscles of the pelvic floor is within the scope of massage as defined in Section 480.033, Florida Statutes.
7. Notices Regarding Bids, Proposals and Purchasing
- Department of Education
- Florida School for the Deaf and the Blind
- Other Agencies and Organizations
8. Miscellaneous
- Other Agencies and Organizations
- Florida Clerks of Court Operations Corporation
- Department of Health
- Agency for Health Care Administration
- Department of Highway Safety and Motor Vehicles
- Division of Motor Vehicles
- Agency for Health Care Administration
- Department of Economic Opportunity
- Division of Community Development